FOR IMMEDIATE RELEASE CONTACT: MICHELLE DeMARCO
October 6, 2009 850.487.5833
SENATOR DAN GELBER CALLS ON FLORIDA’S TOP LAWYER TO FORCE GOVERNOR AND
LEGISLATURE INTO FUNDING PUBLIC EDUCATION
Urges Attorney General to file suit to compel constitutional
obligations
TALLAHASSEE – Frustrated
by a deaf ear to the plight of Florida’s struggling public education system,
state Senator Dan Gelber on Tuesday called on Florida’s top lawyer to deploy
the full weight of his office into legal combat.
“Our State Constitution provides that you are the
"chief state legal officer" and thereby commands you to
"exercise such powers and perform such duties as may be prescribed by
law,” wrote the Miami Beach Democrat in a letter to Attorney General Bill
McCollum delivered Tuesday.
“It is in that capacity and pursuant to that authority that
I request you commence a lawsuit against the legislature and the Governor
challenging the adequacy of education funding in Florida.”
The move stems from a recent
meeting of the state Board of Education where a
majority of board members expressed concern that its proposed education budget
is “inadequate” – a clear violation of Florida’s constitution. The board has
time and time again subm
itted a
proposed budget that's much greater than what is funded by the Legislature and
approved by the Governor.
Citing a 1934 state Supreme Court decision underlining the
obligations of an Attorney General “in the absence of express legislative
restrictions to the contrary, to exercise all such power and authority as
public interests may require from time to time,” Senator Gelber noted other
cases which have upheld the AG's standing to bring lawsuits, and reminded the
attorney general of his duty to protect the interests of the general public.
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“If you believe an action of the state – in this case the
passing of a budget that fails to adequately provide a high quality system of
free public schools -- creates a constitutional violation, you are obliged to
exercise the broad powers that rest within your office and would allow you to
remedy the violation,” Gelber wrote.
“I believe it is hard not to find such a violation exists.”
Senator Gelber, an outspoken public education advocate whose
children attend public school, also noted that where previous attempts to
litigate adequate funding may have failed, the constitution has since been
amended, paving the way for the courts to enforce the mandate.
“Florida continues to have one of the worst high school
graduation rates in the nation,” he noted. “Further, in the wake of budget cuts
an epidemic of violence has broken out including a few much publicized deaths
and serious crimes that clearly impair the ability of our teachers and schools
to adequately and safely perform their constitutional duty.
“While you could demur and, instead, hope that citizen groups take on such a
lawsuit, it seems more appropriate that Florida’s Attorney General act to
defend our citizens from violations of their Constitution.”
Last year, the Board requested for the 09-10 school year,
funding of $21.5 billion. It received from the Legislature only $17.9 billion,
which the governor approved.
This year, the Board is seeking $19.3 billion, an amount it
labeled “inadequate.”
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